High CourtsSingle Bench

Tarannum vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 4 July 2022 · Citation: (2022) 07 UK CK 0004

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 309, 482 · Indian Penal Code, 1860 — Section 323, 354, 498A, 504, 506 · Dowry Prohibition Act, 1961 — Section 3, 4 · Constitution Of India, 1950 — Article 21
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Application No. 1078 Of 2022
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Judgment

8 paragraphs · 254 words

Alok Kumar Verma, J

1.

This is an application under Section 482 of the Code of Criminal Procedure, 1973, filed by the victim, to direct the Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal to decide the Criminal Case No.1881 of 2021, “State vs. Juber”, under Sections 323, 354, 498A, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961 as expeditiously as possible.

2.

Heard Mr. Abhishek Verma, learned counsel for the applicant and Mr. Pratiroop Pandey, learned AGA for the State.

3.

The learned counsel for the State has no objection.

4.

This is an innocuous prayer.

5.

The speedy and expeditious inquiry and trial have been envisaged under Section 309 of the Code of Criminal Procedure. The intention of the Legislature was that proceedings in inquiry or trial should not be adjourned unnecessarily and should be conducted expeditiously. The speedy trial is an essential ingredient of “reasonable, fair and just” procedure guaranteed under Article 21 of the Constitution of India. A criminal trial has its own gravity and sanctity.

6.

Having heard the learned counsel for the parties, keeping in mind the mandate of the Constitution and the scheme of Section 309 of the Code of Criminal Procedure, the learned Additional Chief Judicial Magistrate, Kotdwar, District Pauri Garhwal is directed to expedite and complete the trial most expeditiously without granting any unnecessary adjournment to either party.

7.

The Criminal Miscellaneous Application No.1078 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.